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79R4651 JMM-D
By: Martinez Fischer H.B. No. 1008
A BILL TO BE ENTITLED
AN ACT
relating to public access to certain information and materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following sections of the Occupations Code
are repealed:
(1) Section 110.256;
(2) Sections 401.2535(h) and (i);
(3) Sections 402.154(h) and (i);
(4) Sections 451.110(h) and (i);
(5) Sections 502.2045(h) and (i);
(6) Sections 503.2545(h) and (i);
(7) Sections 505.2545(h) and (i);
(8) Sections 602.1525(h) and (i);
(9) Sections 603.2041(h) and (i);
(10) Sections 605.2021(h) and (i); and
(11) Sections 701.2041(h) and (i).
SECTION 2. Sections 241.051(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) Information [All information and materials] obtained or
compiled by the department in connection with a complaint or [and]
investigation that is [concerning a hospital are] confidential by
law remains confidential and is [and] not subject to disclosure
under Chapter 552 [Section 552.001 et seq.], Government Code[, and
not subject to disclosure, discovery, subpoena, or other means of
legal compulsion for their release to anyone other than the
department or its employees or agents involved in the enforcement
action except that this information may be disclosed to:
[(1) persons involved with the department in the
enforcement action against the hospital;
[(2) the hospital that is the subject of the
enforcement action, or the hospital's authorized representative;
[(3) appropriate state or federal agencies that are
authorized to inspect, survey, or investigate hospital services;
[(4) law enforcement agencies; and
[(5) persons engaged in bona fide research, if all
individual-identifying and hospital-identifying information has
been deleted].
[(e) The following information is subject to disclosure in
accordance with Section 552.001 et seq., Government Code:
[(1) a notice of alleged violation against the
hospital, which notice shall include the provisions of law which
the hospital is alleged to have violated, and a general statement of
the nature of the alleged violation;
[(2) the pleadings in the administrative proceeding;
and
[(3) a final decision or order by the department.]
SECTION 3. Sections 577.013(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) Information [All information and materials] obtained or
compiled by the department in connection with a complaint or [and]
investigation that is [concerning a mental hospital licensed under
this chapter are] confidential by law remains confidential and is
[and] not subject to disclosure under Chapter 552, Government
Code[, discovery, subpoena, or other means of legal compulsion for
their release to anyone other than the department or its employees
or agents involved in the enforcement action except that this
information may be disclosed to:
[(1) persons involved with the department in the
enforcement action against the licensed mental hospital;
[(2) the licensed mental hospital that is the subject
of the enforcement action, or the licensed mental hospital's
authorized representative;
[(3) appropriate state or federal agencies that are
authorized to inspect, survey, or investigate licensed mental
hospital services;
[(4) law enforcement agencies; and
[(5) persons engaged in bona fide research, if all
individual-identifying information and information identifying the
licensed mental hospital has been deleted].
[(e) The following information is subject to disclosure in
accordance with Section 552.001 et seq., Government Code:
[(1) a notice of alleged violation against the
licensed mental hospital, which notice shall include the provisions
of law which the licensed mental hospital is alleged to have
violated, and the nature of the alleged violation;
[(2) the pleadings in the administrative proceeding;
and
[(3) a final decision or order by the department.]
SECTION 4. This Act takes effect September 1, 2005.